The form is a sample Objection to the Notary's executive inscription
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To a notary public ................. IIN ............. License №.......... dated 12.12.2008.
050000, Almaty, md. Aksai, D. ... from: .................. IIN: ......................
Place of residence: Almaty, ............... Place of residence: ........................... 8 701 ..................................
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202,
Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Objections
on the Notary's executive inscription gr. ..........
dated 13.10.201_.
Between ........................., and Soflta LLP (CreditOn) has signed a loan agreement. №.......... from 09.11.201_, the target purpose for consumer purposes in the amount of 300,000 tenge. It should be noted that ..................., she fulfilled her obligations properly, i.e. without delay and in full, as well as on time and in full
fulfilled obligations to pay the principal and interest according to the agreements. But unfortunately, due to the divorce from her husband, who was the only source of income for the gr family. ……...., stayed in a rented apartment with a minor child of preschool age alone, after which she began to experience material and financial difficulties, financial difficulties arose, the financial situation deteriorated significantly and had to go into arrears, after which she repeatedly called the partnership's phone for a meeting and asked for preferential opportunities to fulfill contractual obligations, however, the employees of the partnership they did not give their legal address and ignored the negotiations in every possible way.From 02.02.201_ to 31.10.201_ gr. ……...., worked in LLP "...KZ" as an accountant, where T.R. Kanapyanov sent a Notice of the need to execute the Executive Inscription of the Notary of the Republic of Kazakhstan.. .........., which LLP ".... KZ" was received on 10.11.201_.
Since gr. .........., She was dismissed on 31.10.201_, and received her Executive order on 16.11.201_.When studying the Notary's Executive Inscription, gr. .........., IIN ......., License No..... dated 12.12.200_., located at 050000, Almaty, md. Aksai, D....... We found out that the Notary had established the amount of Sokolova O.V.'s debt to Soflta LLP (CreditOn) in the amount of 702,000 tenge, and the costs incurred by the recoverer for the execution of the executive inscription in the amount of 3,404 tenge. And he set the amount to be recovered in the amount of 706,324 tenge.The Notary's Executive inscription gr. .........., do not agree, since the amounts of remuneration, the principal debt and the excessively high penalty have not been established and clarified by the Notary, the payments made by gr were also not taken into account from the loan received. .........., due to the repayment of the loan, no Demand for early repayment of the loan was received, as gr. .........., She has not refused to fulfill her obligations under preferential terms and today intends to conduct a Financial and credit examination for the accrual of remuneration and principal, penalties and other circumstances.According to article 5. The application of civil legislation by analogy is stated In cases where the relations provided for in paragraphs 1 and 2 of Article 1 of this Code are not directly regulated by legislation or agreement of the parties and there are no customs applicable to them, the norms of civil legislation governing similar relations (analogy of the law) apply to such relations, insofar as this does not contradict their essence.
If it is impossible to use the analogy of law in these cases, the rights and obligations of the parties are determined based on the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and fairness (analogy of law). Thus, Article 36 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" and on Microfinance Organizations must be taken into account when a delay occurs in fulfilling an obligation under a bank loan agreement. The borrower must notify the borrower in the manner provided for in the bank loan agreement of the need to make payments under the bank loan agreement and the consequences of the borrower's failure to fulfill its obligations.Regarding the accrued penalties, we disagree because this amount of penalty is excessively large compared to the creditor's losses whereas according to art. 35 of the Law on Banks and
The amount of the penalty (fine, penalty fee) for violating the obligation to repay the loan amount and (or) pay remuneration under a bank loan agreement concluded with an individual may not exceed 0.5 percent of the overdue payment amount for each day of delay during the ninety days of delay. exceed 0.03 percent of the overdue payment amount for each day of delay, but not more than ten percent of the loan amount for each year of the bank loan agreement."According To Article 92-6. According to the Law of the Republic of Kazakhstan On Notaries, after making an executive inscription, the notary shall send a copy of it to the debtor with a notification of delivery no later than the next business day.
And in turn, the Debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription.Also according to Article 92-8. According to the Law of the Republic of Kazakhstan On Notaries, the notary issues a resolution on the cancellation of the executive inscription no later than three working days from the date of receipt of the objection. Copies of the resolution on the cancellation of the executive inscription are sent to the recoverer and the debtor no later than the next business day after its issuance.If the notary's decree has not cancelled the executed executive inscription on the debtor's objection, the challenge of the executive inscription is carried out in court.Based on the above, guided by the Law of the Republic of Kazakhstan On Notaries, Chapter 14-1. Making executive inscriptions,
ask you:
To cancel the Notary's executive inscription gr. .........., dated 13.10.201_, on the recovery of the amount of debt in the amount of 702,000 tenge under the Loan Agreement No.... from 09.11.201_;
The resolution on the cancellation of the executive inscription should be sent to the address Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202, Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz
I hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.
Sincerely, Proxy Representative: _________________/ Sarzhanov G.T. "___"_____________201_ the year.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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